THIS AGREEMENT is made between the undersigned (by process of submitting this form) dog owner (hereinafter referred to as “Owner”) and Okami canine Inc. (hereinafter referred to as “Trainer”), and the parties hereto agree as follows:
THIS AGREEMENT is made between the undersigned (by process of submitting this form) dog owner (hereinafter referred to as “Owner”) and Okami canine Inc. (hereinafter referred to as “Trainer”), and the parties hereto agree as follows:
TRAINER: Trainer agrees to provide professional, precise, efficient, and effective dog training techniques to Owner, using clear and proven training methodology.
Trainer agrees to provide such training, so long as the dog is of sound physical and emotional health and so long as Owner/handler follows Trainer’s instructions, practices regularly with his/her dog, and completes the entire course of instruction.
Trainer, its agents, owners, trainers and/or anyone acting on Trainer’s behalf, makes no representation, warranty, or guaranty of improvement to the dog’s behaviour or demeanour, and assumes no responsibility or liability for any unwanted change in demeanour or nature of the dog’s behaviour during or subsequent to the prescribed course of training.
OWNER: Owner does hereby hire Trainer for virtual dog-training services to Owner and Owner’s dog/s specified in intake form, for the sum and under the terms specified in the service booked.
For virtual training programs Owner understands that numerous factors outside the control of Trainer may prevent the dog from retaining the training it receives, and may otherwise interfere with and/or sabotage the best efforts of Trainer to train the dog and owner, including but not limited to, the environment in which the dog is kept, the manner in which the dog is treated or used, and the personality of the dog.
Owner understands that Owner is required to practice with the dog as outlined by Trainer, in addition to the actual training classes provided by Trainer, during the entire training period of the program. Owner understands and acknowledges that the progress the dog achieves during the training period is dependent, in part, upon the dog’s temperament, as well as the consistency of Owner’s practicing and implementing the lessons and training Trainer has provided.
Owner expressly agrees to and hereby RELEASES and holds Trainer, its’ owners, trainers, and agents acting on Trainer’s behalf, harmless with respect to any and all liabilities arising out of the training provided to you and your dog by virtue of participation in the training course including, but not limited to the following: lack of results from the training provided, change in the dog’s personality, property damage, bodily injuries to you, the dog, or any other animals or individuals.
Owner understands and agrees to pay the full amount of the program before starting the program, if Owner fails to complete the course for any reason, there shall be no refund of any money previously paid.
PROGRAM CANCELLATIONS: Upon submitting this agreement, Owner shall have two (2) days/48 hours, from the date of agreeing to this agreement to cancel this contract and shall be liable only for the individual cost for each training sessions provided by Trainer, if any.
Cancellation or failure on the part of Owner to complete the full prescribed program does not release Owner from payment of the entire balance due under the program.
Owner understands and agrees that Trainer may terminate Owner and the dog from the training course for good cause, at the sole discretion of Trainer. “Good Cause” is defined to include, but is not limited to the following circumstances:
a. Failure to pay program fees on time;
b. Failure to attend classes regularly;
c. Lack of regular and/or proper practice by Owner with the dog in training;
d. Failure by Owner to provide video recordings to Trainer with regards to the practice with the dog in training;
e. Failure by Owner to provide regular updates to Trainer with regards to progress of the dog in training;
f. Evidence that the dog is being mistreated or is being kept in an environment not conducive to learning (including dog parks and day cares)
g. Misconduct of the Owner (e.g. sexual harassment to trainer, words/acts of disrespect to trainer, or expectations of unreasonable or achievable results).
Owner understands and agrees that, if terminated from the training course by Trainer, Trainer shall be entitled to retain any and all sums of money paid by Owner.
LESSON ATTENDANCE: Owner is expected to notify Trainer if they are unable to attend a live class. Owner will be responsible for catching up to lesson progress on their own time.
LESSON TARDINESS: Classes will begin promptly at the scheduled time. Trainer will not wait for late attendees to start the class.
NON-PAYMENT: In the event that the payment is not received by Trainer, Owner will not be allowed to participate in the training program.
DISPUTES: In the event of any disputes between the parties, Owner and Trainer agree to attend mediation for their dispute. In the event mediation is unsuccessful in resolving any dispute, the parties agree to binding arbitration.
In the event Trainer is required to engage the services of an attorney to enforce the provisions of this agreement or to defend in any litigation brought against Trainer in connection with the training of said dog, Owner shall be liable for payment of legal fees and litigation costs incurred by Trainer in bringing said action, or defending said action.
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. For the purpose of all legal proceedings, this Agreement will be deemed to have been made and performed in the Province of Ontario and the courts of the Province of Ontario will have exclusive jurisdiction to entertain any action arising under this Agreement.
SOCIAL MEDIA: Owner hereby agrees to and allows Trainer to photograph, video and use images of Owner’s dog for publication and/or promotion. Owner irrevocably grants Trainer the right to distribute, transmit, publish, copy, or otherwise exploit, either in whole or in part, either digitally or in any other medium now known or later discovered, any photographs and or videos of Owner’s dog and/or Owner on Trainer’s website, blog, Instagram, YouTube, Facebook, LinkedIn and/or any other internet medium commonly referred to as “social media”.
Owner hereby releases and discharges Trainer and its agents, representatives, and assignees from any claim or cause of action, now known or later discovered, for, among other things, invasion of privacy, right of publicity, and defamation arising out of the use and exploitation of the photographs and/or videos.